10210-12 Amending Chapter 2 Addressing Massage Establishments and Massage Therapy

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Ordinance Amending Section 4-35 SBMC Addressing Massage Establishments&Therapy Page 7 (2) Review and recommendations: Application for licenses under this article shall be referred to the proper offices for formal review and recommendation and each shall report their findings to the Board of Public Works Safety. The Health Department, subject to the terms and conditions of an Inter-Local Governmental Agreement, shall conduct inspections to determine compliance with health and sanitation requirements. Applicants shall cooperate with any review conducted pursuant to the provisions of this article and shall permit access to the proposed place of business and facilities in conjunction with any such review. (3) Public hearing and notice: Upon the filing of an application, the Board of Public Works Safety shall fix a time and place for a public hearing thereon. Written notice of hearing shall be given to the applicant. Due notice shall also be given to the general public by publication of such notice one time in a local newspaper of general circulation. Any interested person may file with the Board of Public Works Safety a memorandum in support of or in opposition to the issuance of a license. (4) Granting of license: Within thirty(30) days of the receipt of an application and after proper publication and receipt of the aforesaid recommendations the Board of Public Works Safety shall conduct a public hearing and shall instruct the City Controller to issue a license to operate a massage establishment if it is found that: a. The application reasonably conforms to the provisions of this section. b. The applicant has not knowingly made a material misrepresentation in the application for a license. c. The applicant has reasonably cooperated in the review of his application. d. The massage establishment as proposed by the applicant would comply with all applicable laws, including but not limited to the City's building, zoning, health, fire and safety regulations. e. The applicant if an individual, or any of the stockholders of the corporation, any officers or directors, if the applicant is a corporation, or any of the partners, including limited partners, if the applicant is a partnership, have not been convicted of any crime involving unlawful deviate conduct, deviate sexual conduct, or unlawful sexual conduct, as defined in Title 35 of the Indiana Code, within three(3) years prior to the date of application.